Manish Raj Verma
05 March 2010 at 18:46
R/Sir(s)/Madam(s),
A complaint u/s 138 has been filed against my client, and summoning order has been passed.
But my client is neither having the account in the bank, of which the cheque is involved in the matter, nor he gave that cheque. The account of the cheque is in some other person's name.
what should i do?
whether i should go for revision before D.J.
or
whether i opt to go to High Court U/s. 482 Cr.P.C.
Please guide.
Manish, Advocate, Haridwar.
kirtirani sole
05 March 2010 at 18:34
Resp.Sir/Madam
When other institutions entered into life insurance business in India? What are its effects? Any information regarding it.
Which are those companies?
2nd qtn is what is the mechanism to settle dispute between insured & insurer at earlier stage i.e. at branch level by officers without going to any court or ombudsman?
Anonymous
05 March 2010 at 18:11
In this connection, we have to state that our company has purchased 50000 shares of Lava Coated Paper Ltd. for Rs. 1000000 during the financial year 1993-94 i.e. 01-04-1993 to 31-03-1994 and the transfer expenses were Rs. 5000. So the cost of the said 50000 shares in our hands as on 31-03-1995 was Rs. 1005000. But out of 50000 shares only 3000 shares could be transferred in the name of Company and the balance of 47000 shares could not be transferred since signature differed and share certificates were returned to our broker Shri Tushar Bedi.
However, he could not do anything in respect of transfer of said 47000 shares. The cost of which worked out to Rs. 944700 and hence during F.Y. 1997-98 said sum of Rs, 944700 was transferred to the account of said Shri Tushar Bedi and we made claim from him, but ultimately we had to write off the said account as bad debts since we could not recover the said sum from Shri Tushar Bedi. Since he never responded to our claim/request etc. and hence in the F.Y. 2005-06, the account of Shri Tushar Bedi was written off and the sum was claimed as bad debts. All these facts were reflected in accounts of earlier years by way of notes to balance sheet filed with return of income.
In the above said fatual premises, what we feel :
1. As the said sum is not recoverable from said Shri Tushar Bedi, the same being written off as irrecoverable in P & L A/c. the same should be allowed as claimed.
2. Alternatively the same can be considered as capital loss and has to be adjusted against the capital gain as shown in the return of income and income requires to be recomputed accordingly. According to us, it will have no effect on income as per return.
N.B. The shares are shown under the head investement in balancesheet.
Can you guide us on the issue.
Anonymous
05 March 2010 at 18:00
A partition suit is pending for the ground floor of my house built by my father.I'm the absolute owner of the first floor since the roof of the ground floor was gifted to me by my father and it was registered.Can I sell my share of the ground floor alongwith all my legal liabilities to whomsoever is willing to purchase the first floor?Can my mother and sister stop me from selling my share in unpartitioned ground floor even before disposal of the partition suit?
Anonymous
05 March 2010 at 17:36
My husband died last year due to an accident. I've got the legal heirship certificate with my son, daughter and my mother-in-law as the legal heirs. My mother-in-law is not in good terms with my husband or our family ever since I and my husband got married. She is 80+ years of age.
All our property(land, house, car etc) are in my husband's name.
I can't get a letter of consent from her, to transfer any of the property to my name.
All the mentioned property were bought by my husband and we don't have any inherited property.
What is to be done in this case as I've to transfer the car to my name and she is not willing to give consent.
Mother-in-law doesn't come in our ration card and she is living along with her youngest son at her husbands place . She doesn't depend on anyone else and is getting husband's family pension as he died 20 years back.
We are Hindus and my son and daughter are above 18.
We are from Kerala.
Anonymous
05 March 2010 at 17:28
The landlord had given room (in mumbai) to one person for commercial purpose however he started his business under partnership concern with another person( in the year 1981) now the said tenant has got retired from the said business and his only son who admitted later on has been running the same business under sole proprietorship concern? The landlord denies to take rent from the son of the tenant saying that he is subtenant.
1. whether the landlord would succeed to evict the son on the basis of subtenancy?
2. what will be the solution to safeguard the son if he would get evicted from the said room?
shrikant chede
05 March 2010 at 17:10
whethere company can withheld payment of graduity untill finilisation of diciplinary action agaist employee ,who caused moneytory loss to the company
Anonymous
05 March 2010 at 17:09
Que.1.Husband filed a Divorce Petition in the Family Court to Counter Blast the Divorce wife Filed the Case in the Civil Court,
1a.Wife Got the RCR in her Favor Ex-Parte.
1b.But Husband did not obliged the RCR Judgement and he does not have any assets or Employment to attach,
1c.Since Divorce is Pending in the Family can the wife seek Quashing of Divorce Based on RCR in her Favor?
1d.If at all the Divorce is Quashed in the Family Court can Husband File any Appeal in the Higher Courts or in the Same Court?
Anonymous
05 March 2010 at 16:56
Sir,
I urgently need latest sc case laws on section 23 of the Hindu Succession Act,1955 where it is ruled "that tenant in a dwelling house does not change the nomenclature of it and deprive the benefit of section 23 to the legal heir in occupation of the property under litigation by one of the heir seeking partition/share, and also residing therein.
regards,
your's,
satish kumar
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G.PA.& PRILIMINARY DECREE VALIDATIONS
Respected sir , After cancalization of G.P.A. is it valid ? now one person was made registrations on revoked G.P.A. IS IT VALID ? & ONE MY NEIGHBOUR WAS GIVEN AN A PRELIMINARY DECREE FOR DECLARATION OF TITLE &PERPETUAL INJENCTION ON LAND WITH THE CONCENT OF DEFANDANTS,BUT HERE ONE SIGNATURE WAS FORGED BY PLINTIFFS SIDE PARTY IN THE SAME CONCENT DECREE ,IN 1992 , NOW IS IT IS VALID ,WHAT IS THE LIMITATIN ACT FOR THE PRILIMINARY DECREE ? KINDLY GIVE ME SAGESSSTION ON BOTH MATTERS .THANKING YOU SIR.